Fetterman v. Green

689 A.2d 289, 455 Pa. Super. 639, 1997 Pa. Super. LEXIS 182
CourtSuperior Court of Pennsylvania
DecidedFebruary 4, 1997
Docket1353
StatusPublished
Cited by18 cases

This text of 689 A.2d 289 (Fetterman v. Green) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fetterman v. Green, 689 A.2d 289, 455 Pa. Super. 639, 1997 Pa. Super. LEXIS 182 (Pa. Ct. App. 1997).

Opinions

[642]*642OLSZEWSKI, Judge:

Who decides who controls the airways? That is the question. This appeal presents us with an issue of first impression in our jurisdiction; namely, whether the Federal Communications Act (FCA) has preempted common law claims based upon radio frequency interference, thus divesting state courts of the proper subject matter jurisdiction to entertain the claims. The trial court in this matter determined that the causes of action pled by appellant were preempted by the federal legislation, and thus dismissed the complaint. Appellant timely appeals from this order.

By grant of the Federal Communications Commission (FCC), and pursuant to the FCA, both appellant and appellee were authorized to use radio frequency 462.750 MHz for the purpose of providing various radio services to the public. Their coexistence, however, proved to be more acrimonious than harmonious. Although the frequency should have been able to withstand the use of multiple carriers, it soon developed that appellant’s transmissions were not being completed due to excessive use of the frequency by appellee.

Appellant averred that the excessive use by appellee was not the result of legitimate need, but rather the result of a deliberate, surreptitious, plan to interfere with the viability of appellant’s business. Therefore, in May of 1994, appellant commenced the instant action through the issuance of a writ of summons. A complaint was subsequently filed in June of 1995. By stipulation of the parties, appellant was permitted to file an amended complaint in August of 1995.

Appellant’s amended complaint alleged that appellee engaged in willful and repeated malicious interference with radio frequency 462.750 MHz, and sought relief based upon the theories of: 1) interference with existing and prospective contractual relations; 2) negligence; 8) conversion; 4) civil conspiracy and 5) private nuisance.

Affixed to appellant’s complaint were copies of an “Official Notice of Violation” and a “Notice of Apparent Liability” that had been issued by the FCC to appellee in 1993. These [643]*643communications concerned appellee’s interference with the shared frequency and assessed appellee’s apparent liability at $16,800 for its violation of § 333 of the FCA. Appellee subsequently filed a “Request for Cancellation or Reduction of Forfeiture,” the disposition of which is unknown at this time.

In September of 1995, appellee filed preliminary objections to appellant’s amended complaint raising, inter alia, lack of subject matter jurisdiction as a ground for relief. Specifically, appellee claimed that consideration of appellant’s claims was barred due to federal preemption of the field of interference with radio frequencies. Following extensive briefing and argument, appellee’s objection was sustained and appellant’s complaint dismissed.

Appellant avers that the FCA expressly reserves the right to pursue the common law claims at issue herein. While acknowledging that the FCA does preempt “technical matters which relate to an operator’s compliance with FCC rules,” appellant argues that the case at bar presents only “garden-variety common law tort claims” outside the purview of the FCC. (appellant’s brief at 10), Conversely, appellee claims that the trial court properly dismissed the complaint because the causes of action at issue necessarily involve a determination involving a carrier’s compliance with FCC rules.

When determining whether a trial court correctly decided the issue of subject matter jurisdiction, this Court will accept as true all facts averred in the complaint. Therefore, the only issue in contention is the competence of our state courts to reach the merits of the claims raised. See, e.g., MacNeal v. I.C.O.A., Inc., 382 Pa.Super. 430, 434, 555 A.2d 916, 918 (1989); Glen Alden Corp. v. Tomchick, 183 Pa.Super. 306, 307-08, 130 A.2d 719, 720 (1957).1

[644]*644Appellee’s assertion that the FCA has preempted the field of interference with radio transmissions is not to be taken lightly. Indeed, the Supreme Court, as well as many of our sister federal courts, has held that there is a presumption against federal preemption of state law. See, e.g., Cipollone v. Liggett Group, Inc., 505 U.S. 504, 112 S.Ct. 2608, 120 L.Ed.2d 407 (1992); Michael v. Shiley, Inc., 46 F.3d 1316 (3rd Cir. 1995). This presumption of dual jurisdiction results from reasons of comity and mutual respect between the two judicial systems that form the framework of our democracy. Id.

Nonetheless, there are areas of commerce which unquestionably function best if federally and uniformly regulated. See, e.g., Florida Lime and Avocado Growers v. Paul, 373 U.S. 132, 83 S.Ct. 1210, 10 L.Ed.2d 248 (1963). For this reason, Congress may, pursuant to the supremacy clause, enact legislation that usurps the ability of certain traditional state common law and statutory causes of action to be sued upon for violations of federal law. See, e.g., Michael, 46 F.3d at 1322; CSX Transp. Inc. v. Easterwood, 507 U.S. 658, 113 S.Ct. 1732, 123 L.Ed.2d 387 (1993).

The most effective manner of preempting state law is by the inclusion of a. specific provision in the federal legislation. Such clear and unambiguous language is exceedingly helpful in determining the often contentious issue of whether a state court has subject matter jurisdiction over the cause of action at issue.

This is not, however, the only method by which Congress may displace state law. A federal law will impliedly preempt state law if there exists an actual conflict between the state and federal laws, or if the federal law so thoroughly occupies the field at issue as to create the reasonable inference that Congress intended for there to be no state supplementation. See, e.g., Broyde v. Gotham Tower, Inc., 13 F.3d 994 (6th Cir.1994).

[645]*645It is this implied preemption analysis that we must currently apply, for, when enacting the FCA, Congress made no explicit preemption provisions. Id. Therefore, this Court must initially determine whether an irreconcilable conflict exists between the specific section of the FCA at issue and the common law claims raised by appellant.

Although couched in a myriad of colorful fashions,2 the gravamen of appellant’s complaint is that appellee improperly interfered with appellant’s use of their shared frequency. Therefore, we must begin our analysis with a careful reading and interpretation of 47 U.S.C. § 333, which states:

§ 333. Willful or malicious interference

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Fetterman v. Green
689 A.2d 289 (Superior Court of Pennsylvania, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
689 A.2d 289, 455 Pa. Super. 639, 1997 Pa. Super. LEXIS 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fetterman-v-green-pasuperct-1997.